With Congress set to take up debate on passage of the Homeland Security Bill this week, U.S. Senator Bill Frist (R-TN) today renewed his call for legislation to be passed this year extending smallpox liability protection for health workers and facilities administering the vaccine. Frist made the following statement in support of its inclusion:
“There is a growing consensus that liability protection is needed to protect health workers and facilities administering the smallpox vaccine. Because of the risks associated with the smallpox vaccine, many health professionals may be unwilling to give the vaccine without some measure of liability protection. The threat of lawsuits mustn’t be a barrier to protecting the American people. Providing liability protection within the Homeland Security Bill or another appropriate legislative vehicle is a logical step as the nation considers broader implementation of a smallpox vaccine policy. Ultimately, we’ll need to develop a rational, balanced liability system for the full range of vaccines and other counter measures needed to protect against disease and potential biological agents.”
Negotiators, led by Representative Dick Armey (R-TX), are considering including a provision in the Homeland Security Bill that would extend the Federal Tort Claims Act (FTCA) protection to any person or facility that provides the vaccine under a plan issued by the federal government. Under the FTCA rules, the federal government would defend any lawsuit and pay any damages. While those harmed by a vaccine would be eligible for compensation, punitive damages generally are not available under FTCA.
Earlier this year, Frist wrote in a New York Times op-ed piece that the United States should look to implement a broad smallpox vaccination policy that would allow Americans to decide whether they wanted to be vaccinated or not, with informed consent. The Administration is currently developing key portions of its smallpox vaccination plan.

… read the rest of the story by Subscribing now.

... read the rest of the story by Subscribing now.